Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, special purpose commercial coach, or commercial coach. Under existing law, a knowing violation of the act is punishable as a misdemeanor offense, as specified. The act, on or after January 1, 2009, requires all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold to have a smoke alarm installed in each room designed for sleeping that is operable on the date or transfer of title.

This bill would require all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold or rented to have a smoke alarm that has been approved and listed by the Office of the State Fire Marshal on or after January 1, 2014. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law, the Mobilehome Parks Act, requires an owner or operator of an existing mobilehome park to adopt an emergency preparedness plan on or before September 1, 2010. The act requires the owner or operator, for an existing park, and for parks constructed after September 10, 2010, to post notice of the plan in the park clubhouse and another conspicuous area, as specified, and, on or before September 10, 2010, to provide information relating to accessing the plan and individual emergency preparedness information. Existing law requires an enforcement agency to determine park compliance with these provisions if certain conditions have been met. Existing law deems a violation of these provisions to constitute an unreasonable risk to life, health, or safety and requires correction by park management within 60 days of notice of the violation. Under existing law, a willful violation of the act is a misdemeanor, as specified.

This bill would require every park owner or operator to annually, on or before January 1, post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area, as specified, and, on or before September 10, 2019, and annually thereafter, to provide notice of how to access the plan and information on individual emergency preparedness and how to obtain the plan in a language other than English. The bill would also require the owner or operator to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, as defined by specified law, and, upon written request by a resident, the language spoken by that resident. The bill would require the department to provide translation services to the park operator or owner to fulfill these requirements. By changing the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, special purpose commercial coach, or commercial coach. Under existing law, a knowing violation of the act is punishable as a misdemeanor offense, as specified. The act, on or after January 1, 2009, requires all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold to have a smoke alarm installed in each room designed for sleeping that is operable on the date or transfer of title.

This bill would require all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold or rented to have a smoke alarm that has been approved and listed by the Office of the State Fire Marshal on or after January 1, 2014. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law, the Mobilehome Parks Act, requires an owner or operator of an existing mobilehome park to adopt an emergency preparedness plan on or before September 1, 2010. The act requires the owner or operator, for an existing park, and for parks constructed after September 10, 2010, to post notice of the plan in the park clubhouse and another conspicuous area, as specified, and, on or before September 10, 2010, to provide information relating to accessing the plan and individual emergency preparedness information. Existing law requires an enforcement agency to determine park compliance with these provisions if certain conditions have been met. Existing law deems a violation of these provisions to constitute an unreasonable risk to life, health, or safety and requires correction by park management within 60 days of notice of the violation. Under existing law, a willful violation of the act is a misdemeanor, as specified.

This bill would require every park owner or operator to annually, on or before January 1, post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area, as specified, and, on or before September 10, 2019, and annually thereafter, to provide notice of how to access the plan and information on individual emergency preparedness and how to obtain the plan in a language other than English. The bill would also require the owner or operator to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, as defined by specified law, and, upon written request by a resident, the language spoken by that resident. The bill would require the department to provide translation services to the park operator or owner to fulfill these requirements. By changing the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, special purpose commercial coach, or commercial coach. Under existing law, a knowing violation of the act is punishable as a misdemeanor offense, as specified. The act, on or after January 1, 2009, requires all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold to have a smoke alarm installed in each room designed for sleeping that is operable on the date or transfer of title.

This bill would require all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold or rented to have a smoke alarm that has been approved and listed by the Office of the State Fire Marshal as of on or after January 1, 2014, at the point of sale, that meets certain requirements. 2014. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law, the Mobilehome Parks Act, requires an owner or operator of an existing mobilehome park to adopt an emergency preparedness plan on or before September 1, 2010. The act requires the owner or operator, for an existing park, and for parks constructed after September 10, 2010, to post notice of the plan in the park clubhouse and another conspicuous area, as specified, and, on or before September 10, 2010, to provide information relating to accessing the plan and individual emergency preparedness information. Existing law requires an enforcement agency to determine park compliance with these provisions if certain conditions have been met. Existing law deems a violation of these provisions to constitute an unreasonable risk to life, health, or safety and requires correction by park management within 60 days of notice of the violation. Under existing law, a willful violation of the act is a misdemeanor, as specified.

This bill would require every park owner or operator to annually, on or before January 1, post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area, as specified, and, on or before September 10, 2019, and annually thereafter, to provide notice of how to access the plan and information on individual emergency preparedness and how to obtain the plan in a language other than English. The bill would also require the owner or operator to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, as defined by specified law, and, upon written request by a resident, the language spoken by that resident. The bill would require the department to provide translation services to the park operator or owner to fulfill these requirements. By changing the definition of a crime, this bill would impose a state-mandated local program.

The Mobilehome Parks Act also requires the Department of Housing and Community Development to adopt regulations to govern the use and occupancy of manufactured homes, mobilehomes, and recreational vehicles and to establish minimum requirements to protect the health and safety of the occupants and the public, and also provide for the repair or abatement of any unsafe or unsanitary condition of the manufactured home, mobilehome, or recreational vehicle or of the electrical, mechanical, or plumbing installations therein. Fees charged by the department pursuant to the act are required to be deposited in the Mobilehome Parks and Special Occupancy Parks Revolving Fund, which is made available to the department subject to an appropriation by the Legislature.

This bill would require the department to establish and provide a technical service inspection program to residents of a mobilehome park to provide onsite information relating to the technical data and other information available from the department relating to the health and safety, construction, or maintenance of a mobilehome, as well as the application of the act, as specified. The bill would authorize the department to charge a fee of not more than $120 per hour to provide a technical service inspection, which would be required to be disclosed at least 3 days prior to the technical service inspection.

The bill would require the department to create an access point for the technical service inspection program on the departments Internet Web site along with information about the program and how to obtain assistance through a mobilehome assistance center. The bill would require the department to provide informational documents about the program and would require the park owner or operator to make these documents available, as specified. By changing the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, special purpose commercial coach, or commercial coach. Under existing law, a willful knowing violation of the act is punishable as a misdemeanor offense, as specified. The act, on or after January 1, 2009, requires all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold to have a smoke alarm installed in each room designed for sleeping that is operable on the date or transfer of title.

This bill would require all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold or rented to have a smoke alarm approved by the State Fire Marshal as of January 1, 2014, at the point of sale, that meets certain requirements. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law, the Mobilehome Parks Act, requires an owner or operator of an existing mobilehome park to adopt an emergency preparedness plan on or before September 1, 2010. The act requires the owner or operator, for an existing park, and for parks constructed after September 10, 2010, to post notice of the plan in the park clubhouse and another conspicuous area, as specified, and, on or before September 10, 2010, to provide information relating to accessing the plan and individual emergency preparedness information. Existing law requires an enforcement agency to determine park compliance with these provisions if certain conditions have been met. Existing law deems a violation of these provisions to constitute an unreasonable risk to life, health, or safety and requires correction by park management within 60 days of notice of the violation. Under existing law, a willful violation of the act is a misdemeanor, as specified.

This bill would require every park owner or operator to annually, on or before January 1, post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area, as specified, and, on or before September 10, 2019, and annually thereafter, to provide notice of how to access the plan and information on individual emergency preparedness and how to obtain the plan in a language other than English. The bill would also require the owner or operator to make the emergency preparedness plan available in English, the language spoken by a majority of the residents of the park, the Medi-Cal threshold languages, as defined by specified law, and, upon written request by a resident, the language spoken by that resident. The bill would require the department to provide translation services to the park operator or owner to fulfill these requirements. By changing the definition of a crime, this bill would impose a state-mandated local program.

The Mobilehome Parks Act also requires the Department of Housing and Community Development to adopt regulations to govern the use and occupancy of manufactured homes, mobilehomes, and recreational vehicles and to establish minimum requirements to protect the health and safety of the occupants and the public, and also provide for the repair or abatement of any unsafe or unsanitary condition of the manufactured home, mobilehome, or recreational vehicle or of the electrical, mechanical, or plumbing installations therein. Fees charged by the department pursuant to the act are required to be deposited in the Mobilehome Parks and Special Occupancy Parks Revolving Fund, which is made available to the department subject to an appropriation by the Legislature.

This bill would require the department to establish and provide a technical service inspection program to owners, owners agents, and residents of a mobilehome park to provide onsite information relating to the technical data and other information available from the department relating to the health and safety, construction, or maintenance of a mobilehome park or mobilehome, as well as the application of the act, as specified. The bill would authorize the department to charge a fee of not more than $120 per hour to provide a technical service inspection, which would be required to be disclosed at least 3 days prior to the technical service inspection.

The bill would require the department to create an access point for the technical service inspection program on the departments Internet Web site along with information about the program and how to obtain assistance through a mobilehome assistance center. The bill would require the department to provide informational documents about the program and would require the park owner or operator to make these documents available, as specified. By changing the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, special purpose commercial coach, or commercial coach. Under existing law, a willful violation of the act is punishable as a misdemeanor offense, as specified. The act, on or after January 1, 2009, requires all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold to have a smoke alarm installed in each room designed for sleeping that is operable on the date or transfer of title.

This bill would require all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold or rented to have a smoke alarm approved by the State Fire Marshal as of January 1, 2014, that meets certain requirements. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law, the Mobilehome Parks Act, requires an owner or operator of an existing mobilehome park to adopt an emergency preparedness plan on or before September 1, 2010. The act requires the owner or operator, for an existing park, and for parks constructed after September 10, 2010, to post notice of the plan in the park clubhouse and another conspicuous area, as specified, and, on or before September 10, 2010, to provide information relating to accessing the plan and individual emergency preparedness information. Existing law requires an enforcement agency to determine park compliance with these provisions if certain conditions have been met. Existing law deems a violation of these provisions to constitute an unreasonable risk to life, health, or safety and requires correction by park management within 60 days of notice of the violation. Under existing law, a willful violation of the act is a misdemeanor, as specified.

This bill would require every park owner or operator to annually, on or before January 1, post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area, as specified, and, on or before September 10, 2019, and annually thereafter, to provide notice of how to access the plan and information on individual emergency preparedness and how to obtain the plan in a language other than English. The bill would also require the owner or operator to make the emergency preparedness plan available in English, the language spoken by a majority of the residents of the park, and, upon request by a resident, the language spoken by that resident. By changing the definition of a crime, this bill would impose a state-mandated local program.

The Mobilehome Parks Act also requires the Department of Housing and Community Development to adopt regulations to govern the use and occupancy of manufactured homes, mobilehomes, and recreational vehicles and to establish minimum requirements to protect the health and safety of the occupants and the public, and also provide for the repair or abatement of any unsafe or unsanitary condition of the manufactured home, mobilehome, or recreational vehicle or of the electrical, mechanical, or plumbing installations therein. Fees charged by the department pursuant to the act are required to be deposited in the Mobilehome Parks and Special Occupancy Parks Revolving Fund, which is made available to the department subject to an appropriation by the Legislature.

This bill would require the department to establish and provide a technical service inspection program to owners, owners agents, and residents of a mobilehome park to provide onsite information relating to the technical data and other information available from the department relating to the health and safety, construction, or maintenance of a mobilehome park or mobilehome, as well as the application of the act, as specified. The bill would authorize the department to charge a fee of not more than $120 per hour to provide a technical service inspection, which would be required to be disclosed at least 3 days prior to the technical service inspection.

The bill would require the department to create an access point for the technical service inspection program on the departments Internet Web site along with information about the program and how to obtain assistance through a mobilehome assistance center. The bill would require the department to provide informational documents about the program and would require the park owner or operator to make these documents available, as specified. By changing the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

GOVERNOR'S VETO

GV Bill Id:AB 2588

Author:(Chu)

As Enrolled Ver:August 24, 2018

2/3 vote

SUMMARY: Makes several changes to the law relating to fire prevention and fire safety for mobilehomes and manufactured homes. Specifically, this bill:

1. Provides that all on or after January 1, 2019, all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold or rented shall have a smoke alarm that is approved by the Office of the State Fire Marshal as of January 1, 2014.
2. Provides that a park owner or operator must annually, on or before January 1, post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area within the park.
3. Specifies that on or before September 10, 2019, and annually thereafter, a park owner or operator must provide notice of how to access the plan and information on individual emergency preparedness information from the appropriate state or local agencies, including, but not limited to, the Office of Emergency Services, and how to obtain the plan in a language other than English, to all existing residents. This notice shall also be provided, upon approval of tenancy, to all new residents. Consistent with existing law, this may be accomplished in a manner that includes, but is not limited to, distribution of materials and posting notice of the plan or information on how to access the plan via the Internet.
4. Requires a park owner or operator to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, as defined by Health and Safety Code Section 127928, and, upon written request by a resident, either by a hard copy or electronically, the language spoken by that resident. Requires the Department of Housing and Community Development (HCD) to provide translation services to the park operator or owner to fulfill these requirements.
5. Makes technical, clarifying changes.
6. Provides that no reimbursement is required by this act pursuant to the California Constitution Article XIII B Section 6 because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Government Code Section 17556, or changes the definition of a crime within the meaning of California Constitution Article XIII B Section 6.

FISCAL EFFECT: According to the Assembly Committee on Appropriations: Onetime contracting costs to HCD of $4 million (general fund (GF)) for translation services.

COMMENTS:

Need for this bill: According to the author, "[t]his past year, the devastating fires across our state destroyed mobilehome and manufactured home communities in both Santa Rosa and Fallbrook. Isolated fires have taken lives this year as well. In August of 2017, a fire in a San Jose mobilehome park killed three community members, two of whom were children; another fire in San Leandro in September left two dead.

"National data reveals that 51% of fires that have occurred in manufactured homes had no smoke alarms. While there are federal requirements for alarms, there continues to be a problem with residents removing them. In California, despite the update of State Fire Marshal standards, state law allowed stores to sell remaining stock of older smoke alarms until 2015. This law also allowed residents to keep their existing smoke detectors until inoperability, leaving many older smoke detectors in homes. In addition, the MPM program is only required to inspect five percent of parks per year - leaving many unexamined for potential health and safety hazards. These inspectors only check the exterior of homes, not entering to evaluate internal risks like a blocked safety exit or missing fire alarm.

Background: More than 700,000 people live in California's approximately 4,700 mobilehome parks. Mobilehomes are not truly mobile, in that it is often cost prohibitive to relocate them. The cost to move a mobilehome ranges from $2,000 to upwards of $20,000 depending on the size of the home and the distance traveled. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and he or she must pay rent and fees for the land and any community spaces.

Smoke Detectors: Existing law requires, on the date of transfer of title, all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold to have an operable smoke alarm installed in each room designed for sleeping. For manufactured homes built on or after September 16, 2002, each smoke alarm must comply with the federal Manufactured Housing Construction and Safety Standards Act. For manufactured homes built before September 16, 2002, each smoke alarm must be installed in accordance with the terms of its listing and installation requirements, and battery-powered smoke alarms are acceptable for use when installed in accordance with the terms of their listing and installation requirements.

Mobilehome Park Evacuation Plans: Existing law provides that mobilehome parks are required to adopt an emergency preparedness plan. Park owners or operators must post a copy of the plan in the park clubhouse or in another conspicuous area within the park. They also must provide notice of how to access the plan and information on individual emergency preparedness information from the appropriate state or local agencies, including, but not limited to, the Office of Emergency Services, to all existing residents and, upon approval of tenancy, for all new residents. This may be accomplished in a manner that includes, but is not limited to, distribution of materials and posting notice of the plan or information on how to access the plan via the Internet.

This bill would require park owners and operators to annually make these plans available in English, the most recent Medi-Cal Threshold languages, and other languages upon request of a resident. It directs HCD to provide translation services to the park operator or owner to fulfill these requirements. Rather than providing the plan in a conspicuous area within the park, this bill specifies that the plan must be in a publicly accessible area.

GOVERNOR'S VETO MESSAGE:

This bill requires a mobilehome park owner to post annually an emergency preparedness plan in the park and to have the Department of Housing and Community Development provide translation services for the plan.

This is a matter best addressed by local governments in collaboration with the mobilehome park owners. This partnership would allow for the tailoring of each emergency plan to reflect the unique topography, climate, and conditions of each individual community.

Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0005369

 THIRD READING  

Bill No: AB 2588

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 8-3, 6/26/18

AYES: Beall, Cannella, Allen, Dodd, McGuire, Roth, Skinner, Wiener

NOES: Gaines, Morrell, Vidak

NO VOTE RECORDED: Galgiani, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/16/18

AYES: Portantino, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 52-19, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: City of San Jose

DIGEST:

This bill requires all used mobilehomes that are sold or rented to have a smoke detector and requires mobilehome park owners to post emergency procedures annually, in multiple languages, as specified.

ANALYSIS:

Existing law:

1. Requires, beginning January 1, 2009, for any used manufactured home, used mobilehome, or used multifamily manufactured home (hereafter referred to as mobilehome) that is sold to have a smoke alarm installed in each room designed for sleeping.
2. Requires all mobilehomes manufactured on or after September 16, 2002 to have smoke alarms that comply with the federal Manufactured Housing Construction and Safety Standards Act.
3. Requires all mobilehomes manufactured prior to September 16, 2002, to have smoke alarms installed in accordance with the terms of their listing and installation requirements. Allows battery-powered smoke alarms when installed in accordance with the terms of their listing and installation requirements. The smoke alarm manufacturer’s information describing the operation, method, and frequency of testing, as well as proper maintenance, must be provided to the purchaser.
4. Provides, beginning January 1, 2009, that these requirements shall be satisfied if, within 45 days prior to the date of transfer of title, the transferor signs a declaration stating that each smoke alarm in the mobilehome is installed and operable on the date the declaration is signed.
5. Authorizes the state Department of Housing and Community Development (HCD) to promulgate rules and regulations to clarify or implement these provisions.
6. Requires every mobilehome park to have an individual who is responsible for, and able to respond in a timely manner concerning, the operation and maintenance of the park. For parks of 50 or more units, this individual must live in the park, have knowledge of emergency procedures relating to utility systems and common facilities, and be familiar with the emergency preparedness plans for the park.
7. Requires every park owner or operator to adopt an emergency preparedness plan and to post notice of the emergency preparedness plan in the park clubhouse or in another conspicuous area within the park.
8. Requires an owner or operator of a park to provide notice of how to access the plan and information on individual emergency preparedness information from the appropriate state or local agencies to all existing residents and, upon approval of the tenancy, for all new residents thereafter.
9. Requires an enforcement agency to determine whether park management is in compliance.
10. Provides that a violation of these provisions shall constitute an unreasonable risk to life, health, or safety and shall be corrected by park management within 60 days of notice of the violation.

This bill:

1. Requires, beginning January 1, 2019, for all used mobilehomes that are sold or rented to have a smoke alarm that has been approved and listed by the Office of the State Fire Marshal beginning January 1, 2014.
2. Requires a park owner or operator to post notice of the emergency preparedness plan in every park on or before January 1 of each year, in the park clubhouse or in another conspicuous area within the park.
3. Requires a park owner or operator, on or before September 10, 2019, and annually thereafter, to provide to residents notice of how to access the plan; information on individual emergency preparedness information from the appropriate state or local agencies; and how to obtain the plan in a language other than English.
4. Requires the park owner or operator to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, and, upon written request by a resident, the language spoken by that resident. Requires HCD to provide translation services to the park operator or owner.

Comments

1. Purpose. The author states that this bill stems from a tragic fire in a mobilehome in his district. Last August, a fire in a San Jose mobilehome park killed three community members, two of whom were young children. In the months following that tragic event, California experienced fires that devastated several communities. The author states that this bill will make our mobilehome communities safer by improving fire preparedness and safety, breaking down language barriers to critical emergency preparedness materials, and putting more effective smoke detectors in homes.
2. Medi-Cal threshold languages. According to the U.S. Census Bureau, roughly 44% of Californians speak a language other than English at home; within the Medi-Cal population, roughly 38% speak a language other than English as their primary spoken language. The most frequently reported languages among Medi-Cal’s non-English speakers are Spanish, Vietnamese, Cantonese, Mandarin, and Armenian. State law defines “threshold language” as a language that has been identified as the primary language of 3,000 beneficiaries or 5% of the beneficiary population, whichever is lower, in an identified geographic area. This bill requires a park owner or operator to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, and, upon request, other languages. Including English, 207 languages are spoken in California.
3. Smoke detectors. The author notes that national data indicates that 51% of manufactured homes that have suffered fires had no smoke alarm. Although there are federal requirements for alarms, residents often remove them. In California, despite the update of the State Fire Marshal standards, state law allowed stores to continue selling off their remaining stock of older smoke alarms until 2015. This law also allowed residents to keep their existing smoke detectors until inoperability, leaving many older smoke detectors in manufactured homes. This bill updates smoke detector requirements to meet current Fire Marshal standards.
4. Emergency plans. Existing law requires every park owner or operator to adopt an emergency preparedness plan and to post notice of this plan in the park clubhouse or other common area. Existing law does not, however, require that the plan or notice be in a language other than English. The author states that language barriers create serious safety risks when residents cannot understand this critical fire and safety information. This bill seeks to address that gap by requiring the emergency preparedness plan and notice to be posted in languages other than English, as specified. This bill also requires the notice to be posted at least annually.

Related/Prior Legislation

SB 1394 (Lowenthal, Chapter 420, Statutes of 2012), among other things, required, after January 1, 2014, that a smoke alarm must meet specified requirements in order to be approved by the State Fire Marshal.

SB 23 (Padilla, Chapter 551, Statutes of 2009) required an owner or operator of a mobilehome park or a recreational vehicle park to adopt and post notice of an emergency preparedness plan.

AB 2050 (Garcia, Chapter 737, Statutes of 2008) required, at the time of sale, all mobilehomes and manufactured homes to have a smoke alarm installed in each room designed for sleeping and to have all fuel-gas-burning water heaters seismically braced, anchored, or strapped.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• HCD estimates one-time costs of approximately $4 million to translate mobilehome park emergency preparedness plans in Medi-Cal threshold languages. (General Fund)
• Minor and absorbable costs for HCD to update smoke detector regulations. (General Fund)

SUPPORT: (Verified 8/16/18)

City of San Jose (source)

American Red Cross

Golden State Manufactured Home Owners League

OPPOSITION: (Verified 8/16/18)

California Mobilehome Parkowners Alliance

Western Manufactured Housing Communities Association

ARGUMENTS IN SUPPORT: The City of San Jose states that by requiring smoke detectors in older, used mobilehomes, this bill can prevent tragedies such as the fire that took three San Jose residents’ lives in August 2017. Additionally, by requiring mobilehome parks to have emergency plans and make them available in the languages spoken by the residents living in those parks, this bill can aid residents when the next flood, fire, or earthquake strikes.

ARGUMENTS IN OPPOSITION: The Western Manufactured Housing Communities Association (WMA) states that it supported this bill requiring park owners to post emergency preparedness plans (SB 23, Padilla, 2009). WMA states that SB 23 included legislative intent language stating that an owner is not responsible for physically evacuating residents from their homes; but rather, residents must take personal responsibility for themselves in an emergency. WMA also expresses concern that HCD does not have sufficient resources to provide the translation services called for in this bill. The California Mobilehome Parkowners Alliance states that lengthy emergency preparedness plans would be less useful than simple evacuation maps, and that translation services could prove costly to HCD or even to park owners.

ASSEMBLY FLOOR: 52-19, 5/30/18

AYES: Acosta, Arambula, Berman, Bloom, Bonta, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, Maienschein, Medina, Mullin, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Voepel, Weber, Wood, Rendon

NOES: Travis Allen, Baker, Bigelow, Brough, Chen, Choi, Cunningham, Dahle, Gallagher, Harper, Kiley, Lackey, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Waldron

NO VOTE RECORDED: Aguiar-Curry, Burke, Flora, Fong, Eduardo Garcia, McCarty, Muratsuchi

Prepared by:

8/18/18 13:12:23

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2588 (Chu) - Manufactured housing

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2588 would require all used mobilehomes that are sold or rented to have a modern smoke alarm, and require mobilehome park owners and operators to make emergency preparedness plans available annually in multiple languages, as specified. The bill requires the Department of Housing and Community Development (HCD) to provide translation services to park owners and operators for this purpose.

Fiscal Impact:

• HCD estimates one-time costs of approximately $4 million to translate mobilehome park emergency preparedness plans in Medi-Cal threshold languages. (General Fund)
• Minor and absorbable costs for HCD to update smoke detector regulations. (General Fund)

Background:

Existing law requires any used mobilehome, used manufactured home, or used multifamily manufactured home that is sold on or after January 1, 2009 to have an operable smoke alarm installed in each room designed for sleeping on the date of title transfer. Existing law requires that a smoke detector approved and listed by the State Fire Marshal after January 1, 2014 to include specified new smoke detector requirements, such as the date of manufacture, date of installation, a “hush feature,” a battery end-of-life indicator, and a nonreplaceable, nonremovable battery that has a 10-year life for powering the smoke detector.

Existing law requires an owner or operator of a mobilehome park to adopt an emergency preparedness plan and post notice of the plan in the park clubhouse or in another conspicuous area within the park. Park owners and operators must also provide notice to all residents of how to access the plan and other individual preparedness information from appropriate state or local agencies, as specified. Park owners or operators may either adopt the standardized emergency procedures and plans compiled by the Office of Emergency Services, or adopt a plan that is comparable to those procedures and plans.

Existing law defines “Medi-Cal threshold languages” as primary languages spoken by limited-English-proficiency (LEP) population groups meeting a numeric threshold of 3,000 LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single zip code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous zip codes. The Department of Health Care Services (DHCS) updates threshold language data on a county-by-county basis at least once every three fiscal years.

Proposed Law:

AB 2588 would make the following changes regarding fire safety and preparedness in mobilehomes and mobilehome parks:

• Require all used manufactured homes, used mobilehomes, and used multifamily manufactured homes sold or rented on or after January 1, 2019 to have a smoke alarm that has been approved and listed by the State Fire Marshal on or after January 1, 2014 installed in each room designed for sleeping on the date of title transfer.
• Require park owners and operators to annually post notice of the emergency preparedness plan in the clubhouse or other publicly accessible area in the park, and to notify residents how to obtain the plan in a language other than English.
• Require park owners and operators to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, and upon written request by a resident, in the language spoken by that resident, as specified.
• Require HCD to provide translation services to the park owner or operator to fulfill these requirements.

Staff Comments:

This bill would update the requirements for installation of smoke alarms in mobilehomes and manufactured homes by requiring State Fire Marshal approved smoke alarms to be installed in all used mobilehomes that are sold or rented on or after January 1, 2019. Any costs for HCD to update smoke detector regulations would be minor and absorbable.

HCD estimates that it would incur one-time costs of approximately $4 million to contract out for services to translate mobilehome park emergency preparedness plans in Medi-Cal threshold languages. Any ongoing costs to translate plans upon request would likely be absorbable.

Staff notes that, according to the most recent DHCS report, English is the only threshold language in 13 counties, and 33 other counties only include Spanish as an additional threshold language, while only three counties in the state (Los Angeles, Orange, and Sacramento counties) would require translations of park plans in more than three additional threshold languages.

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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: AB 2588 Hearing Date: 6/26/2018

SUBJECT: Manufactured housing

DIGEST: This bill requires all used mobilehomes that are sold or rented to have a smoke detector and requires mobilehome park owners to post emergency procedures annually, in multiple languages, as specified.

ANALYSIS:

Existing law:

1. Requires, beginning January 1, 2009, for any used manufactured home, used mobilehome, or used multifamily manufactured home (hereafter referred to as mobilehome) that is sold to have a smoke alarm installed in each room designed for sleeping.
2. Requires all mobilehomes manufactured on or after September 16, 2002 to have smoke alarms that comply with the federal Manufactured Housing Construction and Safety Standards Act.
3. Requires all mobilehomes manufactured prior to September 16, 2002 to have smoke alarms installed in accordance with the terms of their listing and installation requirements. Allows battery-powered smoke alarms when installed in accordance with the terms of their listing and installation requirements. The smoke alarm manufacturer’s information describing the operation, method, and frequency of testing, as well as proper maintenance, must be provided to the purchaser.
4. Provides, beginning January 1, 2009, that these requirements shall be satisfied if, within 45 days prior to the date of transfer of title, the transferor signs a declaration stating that each smoke alarm in the mobilehome is installed and operable on the date the declaration is signed.
5. Authorizes the state Department of Housing and Community Development (HCD) to promulgate rules and regulations to clarify or implement these provisions.
6. Requires every mobilehome park to have an individual who is responsible for, and able to respond in a timely manner concerning, the operation and maintenance of the park. For parks of 50 or more units, this individual must live in the park, have knowledge of emergency procedures relating to utility systems and common facilities, and be familiar with the emergency preparedness plans for the park.
7. Requires every park owner or operator to adopt an emergency preparedness plan and to post notice of the emergency preparedness plan in the park clubhouse or in another conspicuous area within the park.
8. Requires an owner or operator of a park to provide notice of how to access the plan and information on individual emergency preparedness information from the appropriate state or local agencies to all existing residents and, upon approval of the tenancy, for all new residents thereafter.
9. Requires an enforcement agency to determine whether park management is in compliance.
10. Provides that a violation of these provisions shall constitute an unreasonable risk to life, health, or safety and shall be corrected by park management within 60 days of notice of the violation.

This bill:

1. Requires, beginning January 1, 2019, for all used mobilehomes that are sold or rented to have a smoke alarm that has been approved and listed by the Office of the State Fire Marshal beginning January 1, 2014.
2. Requires a park owner or operator to post notice of the emergency preparedness plan in every park on or before January 1 of each year, in the park clubhouse or in another conspicuous area within the park.
3. Requires a park owner or operator, on or before September 10, 2019 and annually thereafter, to provide to residents notice of how to access the plan; information on individual emergency preparedness information from the appropriate state or local agencies; and how to obtain the plan in a language other than English.
4. Requires the park owner or operator to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, and, upon written request by a resident, the language spoken by that resident. Requires HCD to provide translation services to the park operator or owner.

COMMENTS

1. Purpose. The author states that this bill stems from a tragic fire in a mobilehome in his district. Last August, a fire in a San Jose mobilehome park killed three community members, two of whom were young children. In the months following that tragic event, California experienced fires that devastated several communities. The author states that this bill will make our mobilehome communities safer by improving fire preparedness and safety, breaking down language barriers to critical emergency preparedness materials, and putting more effective smoke detectors in homes.
2. Medi-Cal threshold languages. According to the U.S. Census Bureau, roughly 44% of Californians speak a language other than English at home; within the Medi-Cal population, roughly 38% speak a language other than English as their primary spoken language. The most frequently reported languages among Medi-Cal’s non-English speakers are Spanish, Vietnamese, Cantonese, Mandarin, and Armenian. State law defines “threshold language” as a language that has been identified as the primary language of 3,000 beneficiaries or 5% of the beneficiary population, whichever is lower, in an identified geographic area. This bill requires a park owner or operator to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, and, upon request, other languages. Including English, 207 languages are spoken in California.
3. Smoke detectors. The author notes that national data indicates that 51% of manufactured homes that have suffered fires had no smoke alarm. Although there are federal requirements for alarms, residents often remove them. In California, despite the update of the State Fire Marshal standards, state law allowed stores to continue selling off their remaining stock of older smoke alarms until 2015. This law also allowed residents to keep their existing smoke detectors until inoperability, leaving many older smoke detectors in manufactured homes. This bill updates smoke detector requirements to meet current Fire Marshal standards.
4. Emergency plans. Existing law requires every park owner or operator to adopt an emergency preparedness plan and to post notice of this plan in the park clubhouse or other common area. Existing law does not, however, require that the plan or notice be in a language other than English. The author states that language barriers create serious safety risks when residents cannot understand this critical fire and safety information. This bill seeks to address that gap by requiring the emergency preparedness plan and notice to be posted in languages other than English, as specified. This bill also requires the notice to be posted at least annually.
5. Opposition arguments. The Western Manufactured Housing Communities Association (WMA) states that it supported the legislation requiring park owners to post emergency preparedness plans (SB 23, Padilla, 2009). They state, however, that SB 23 included legislative intent language stating that an owner is not responsible for physically evacuating residents from their homes, but rather, residents must take personal responsibility for themselves in an emergency. WMA also expresses concern that HCD does not have sufficient resources to provide the translation services called for in this bill. The California Mobilehome Parkowners Alliance (CMPA) states that lengthy emergency preparedness plans would be less useful than simple evacuation maps, and that translation services could prove costly to HCD or even to park owners.

Related Legislation:

SB 1394 (Lowenthal, Chapter 420, Statutes of 2012) — among other things, required, after January 1, 2014, that a smoke alarm must meet specified requirements in order to be approved by the State Fire Marshal.

SB 23 (Padilla, Chapter 551, Statutes of 2009) — required an owner or operator of a mobilehome park or a recreational vehicle park to adopt and post notice of an emergency preparedness plan.

AB 2050 (Garcia, Chapter 737, Statutes of 2008) — required, at the time of sale, all mobilehomes and manufactured homes to have a smoke alarm installed in each room designed for sleeping and to have all fuel-gas-burning water heaters seismically braced, anchored, or strapped.

Assembly Votes:

Floor: 52-19

Approps: 12-3

H&CD: 6-1

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 20, 2018.)

SUPPORT:

City of San Jose (sponsor)

American Red Cross

Golden State Manufactured Home Owners League

OPPOSITION:

California Mobilehome Parkowners Alliance

Western Manufactured Housing Communities Association

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:

Author:(Chu)

As Amended Ver:May 25, 2018

Majority vote

SUMMARY: Makes several changes to the law relating to fire prevention and fire safety for mobilehomes and manufactured homes. Specifically, this bill:

1. Provides that all on or after January 1, 2019, all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold or rented shall have a smoke alarm that is approved by the Office of the State Fire Marshal as of January 1, 2014.
2. Provides that a park owner or operator must annually, on or before January 1, post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area within the park.
3. Specifies that on or before September 10, 2019, and annually thereafter, a park owner or operator must provide notice of how to access the plan and information on individual emergency preparedness information from the appropriate state or local agencies, including, but not limited to, the Office of Emergency Services, and how to obtain the plan in a language other than English, to all existing residents. This notice shall also be provided, upon approval of tenancy, to all new residents. Consistent with existing law, this may be accomplished in a manner that includes, but is not limited to, distribution of materials and posting notice of the plan or information on how to access the plan via the Internet.
4. Requires a park owner or operator to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, as defined by Health and Safety Code Section 127928, and, upon written request by a resident, either by a hard copy or electronically, the language spoken by that resident. Requires the Department of Housing and Community Development (HCD) to provide translation services to the park operator or owner to fulfill these requirements.
5. Makes technical, clarifying changes.
6. Provides that no reimbursement is required by this act pursuant to the California Constitution Article XIII B Section 6 because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Government Code Section 17556, or changes the definition of a crime within the meaning of California Constitution Article XIII B Section 6.

FISCAL EFFECT: According to the Assembly Committee on Appropriations: Onetime contracting costs to HCD of $4 million (general fund (GF)) for translation services.

COMMENTS:

Need for this bill: According to the author, "[t]his past year, the devastating fires across our state destroyed mobilehome and manufactured home communities in both Santa Rosa and Fallbrook. Isolated fires have taken lives this year as well. In August of 2017, a fire in a San Jose mobilehome park killed three community members, two of whom were children; another fire in San Leandro in September left two dead.

"National data reveals that 51% of fires that have occurred in manufactured homes had no smoke alarms. While there are federal requirements for alarms, there continues to be a problem with residents removing them. In California, despite the update of State Fire Marshal standards, state law allowed stores to sell remaining stock of older smoke alarms until 2015. This law also allowed residents to keep their existing smoke detectors until inoperability, leaving many older smoke detectors in homes. In addition, the MPM program is only required to inspect five percent of parks per year - leaving many unexamined for potential health and safety hazards. These inspectors only check the exterior of homes, not entering to evaluate internal risks like a blocked safety exit or missing fire alarm.

Background: More than 700,000 people live in California's approximately 4,700 mobilehome parks. Mobilehomes are not truly mobile, in that it is often cost prohibitive to relocate them. The cost to move a mobilehome ranges from $2,000 to upwards of $20,000 depending on the size of the home and the distance traveled. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and he or she must pay rent and fees for the land and any community spaces.

Smoke Detectors: Existing law requires, on the date of transfer of title, all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold to have an operable smoke alarm installed in each room designed for sleeping. For manufactured homes built on or after September 16, 2002, each smoke alarm must comply with the federal Manufactured Housing Construction and Safety Standards Act. For manufactured homes built before September 16, 2002, each smoke alarm must be installed in accordance with the terms of its listing and installation requirements, and battery-powered smoke alarms are acceptable for use when installed in accordance with the terms of their listing and installation requirements.

Mobilehome Park Evacuation Plans: Existing law provides that mobilehome parks are required to adopt an emergency preparedness plan. Park owners or operators must post a copy of the plan in the park clubhouse or in another conspicuous area within the park. They also must provide notice of how to access the plan and information on individual emergency preparedness information from the appropriate state or local agencies, including, but not limited to, the Office of Emergency Services, to all existing residents and, upon approval of tenancy, for all new residents. This may be accomplished in a manner that includes, but is not limited to, distribution of materials and posting notice of the plan or information on how to access the plan via the Internet.

This bill would require park owners and operators to annually make these plans available in English, the most recent Medi-Cal Threshold languages, and other languages upon request of a resident. It directs HCD to provide translation services to the park operator or owner to fulfill these requirements. Rather than providing the plan in a conspicuous area within the park, this bill specifies that the plan must be in a publicly accessible area.

Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0003354

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2588

Author:(Chu) – As Amended Ver:April 12, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill makes several changes relating to fire prevention and fire safety for mobilehomes and manufactured homes regarding smoke alarms and access to in-home inspections and notifications. Specifically, this bill:

1. Requires all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold or rented on or after January1, 2019, to have a smoke alarm meets the 2014 State Fire Marshal standards.
2. Requires park owners and operators to annually make their emergency preparedness plans available in English, the most recent Medi-Cal threshold languages, and other languages upon request of a resident, the Department of Housing and Community Development (HCD) to provide translation services to the park operator or owner to fulfill these requirements, and that the plan be posted in a publicly accessible area, rather than in a conspicuous area within the park, as is currently required.
3. Requires HCD to create a technical service inspection program for a resident of a mobilehome park who wants information on their homes compliance with specified standards without fear of receiving a citation. HCD may charge up to $120 per hour for these inspections, but is prohibited from imposing a penalty if a violation is found in the course of the inspection.

FISCAL EFFECT:

1. Onetime contracting costs to HCD of $4 million (GF) for translation services.
2. Costs to HCD of $3.2 million (GF) in the first year and $3.0 million (GF) annual ongoing for 40 PY to implement the health and safety technical inspections. These costs are net of $3.6 million HCD estimates it will recover in technical inspection fees.

COMMENTS:

1. Purpose. This bill seeks to improve fire prevention and safety in mobilehomes and manufactured homes. According to the author:

This past year, the devastating fires across our state destroyed mobilehome and manufactured home communities in both Santa Rosa and Fallbrook. Isolated fires have taken lives this year as well. In August of 2017, a fire in a San Jose mobilehome park killed three community members, two of whom were children; another fire in San Leandro in September left two dead.

1. Background. More than 700,000 people live in California's approximately 4,700 mobilehome parks. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on and must pay rent and fees for the land and any community spaces.

Smoke detectors. Existing law requires, on the date of transfer of title, all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold to have an operable smoke alarm installed in each room designed for sleeping. For manufactured homes built on or after September 16, 2002, each smoke alarm must comply with the federal Manufactured Housing Construction and Safety Standards Act. For manufactured homes built before that date, each smoke alarm, including each battery-powered smoke alarm must be installed according to the terms of its listing and installation requirements.

This bill updates the smoke alarm requirements and applies them to rentals.

Mobilehome Park Evacuation Plans. Existing law requires mobilehome parks to adopt an emergency preparedness plan. Park owners or operators must post a copy of the plan in the park clubhouse or in another conspicuous area within the park. They also must provide notice of how to access the plan and information on individual emergency preparedness from the appropriate state or local agencies, including the Office of Emergency Services, to all existing residents and new residents.

This bill requires park owners and operators to annually make these plans available in multiple languages.

Mobilehome park inspections. Under the Mobilehome Park Maintenance (MPM) Inspection Program, HCD inspects parks and areas outside park residents’ homes for health and safety. Under the program, HCD (or a local enforcement agency) inspects at least 5% of mobilehome parks per year, focusing on parks with complaints about serious health and safety violations. To fund the program, HCD may collect an annual $4 per-space fee, half of which the park owner may charge to individual homeowners. The MPM sunsets on January 1, 2019. The sunset date has been extended multiple times since the program's creation in 1991.

HCD also offers technical service inspections for residents. Pursuant to current regulations, the fee for this service is $196 for the first hour, $82 for second and subsequent hour, and $41 for each thirty additional minutes. Homeowners may also retain private home inspectors who specialize in mobilehomes for a variety of inspection services.

This bill requires HCD to create a new, penalty-free, technical service inspection program for residents of mobilehome parks.

1. Arguments in support. Supporter Golden State Manufactured-Home Owners League contends that, by requiring up-to-date smoke alarms, publicly available emergency preparedness plans in multiple languages, and a punitive-free inspection program, this bill will promote fire safety in mobilehomes and parks throughout the state.
2. Arguments in opposition. Opponent Western Manufactured Housing Communities Association (WMA) has several concerns with the bill, including mandating parks to provide emergency preparedness plans in languages other than English. WMA also contends that the bill's new inspection program will divert HCD's already limited number of code enforcement inspectors to what they view as a private sector function.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 11, 2018

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

David Chiu, Chair

ABPCA Bill Id:AB 2588 (

Author:Chu) – As Amended Ver:April 2, 2018

SUBJECT: Manufactured housing

SUMMARY: Makes several changes to the law relating to fire prevention and fire safety for mobilehomes and manufactured homes. Specifically, this bill:

1. Provides that all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold or rented shall have a smoke alarm that is approved by the State Fire Marshal as of January 1, 2014, at the point of sale, that displays the date of manufacture, provides an area on the smoke alarm where the date of installation can be posted, includes a hush feature, includes an end-of-life feature that sends an alert when the smoke alarm needs to be replaced, and, if the smoke alarm is battery-operated, contains a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for at least 10 years.
2. Provides that a park owner or operator must annually, on or before January 1, post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area within the park.
3. Specifies that on or before September 10, 2019, and annually thereafter, a park owner or operator must provide notice of how to access the plan and information on individual emergency preparedness information from the appropriate state or local agencies, including, but not limited to, the Office of Emergency Services, and how to obtain the plan in a language other than English, to all existing residents. This notice shall also be provided, upon approval of tenancy, to all new residents.  Consistent with existing law, this may be accomplished in a manner that includes, but is not limited to, distribution of materials and posting notice of the plan or information on how to access the plan via the Internet.
4. Requires a park owner or operator to make the emergency preparedness plan available in English, the Medi-Cal threshold languages, as defined by Health and Safety Code Section 127928, and, upon written request by a resident, either by a hard copy or electronically, the language spoken by that resident. Requires the Department of Housing and Community Development (HCD) to provide translation services to the park operator or owner to fulfill these requirements.
5. Requires HCD to establish and provide a technical service inspection program to residents of a mobilehome park to provide onsite information relating to the technical data and other information available from HCD relating to the health and safety, construction, or maintenance of a mobilehome, as well as the application of the Mobilehome Parks Act. Notwithstanding any other provision of law, HCD shall apply this information to a specific mobilehome park or mobilehome without imposing a penalty for a violation of the Mobilehome Parks Act.
6. Authorizes HCD to charge a fee of not more than $120 per hour to provide a technical service inspection. HCD shall disclose the amount of the fee to be charged at least three days prior to providing the technical service inspection.
7. Requires HCD to create an access point for the technical service inspection program on its Internet Web site, along with information about the program and how to obtain assistance through a mobilehome assistance center. This information should include services available, contact information, applicable deadlines, and the fee associated with available services. A person who requests service pursuant to the program shall do so in writing.
8. Requires HCD to provide informational documents about the technical service inspection program to mobilehome park owners and operators for distribution to the residents. Within 30 days of receipt of these informational documents, the park owner or operator shall make them available in the park clubhouse or in another publicly-accessible area within the mobilehome park and notify the residents about the informational documents and where they are available.
9. Makes technical, clarifying changes.
10. Provides that no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

EXISTING LAW:

1. Requires HCD, pursuant to the Manufactured Housing Act (MHA), to enforce various laws pertaining to manufactured housing, mobilehomes, park trailers, and commercial coaches (Health and Safety Code Section 18000 et seq.).
2. Requires construction permits, issued by HCD, for alterations or conversions to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a mobilehome (Health and Safety Code Section 18029).
3. Requires, on the date of transfer of title, all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold to have an operable smoke alarm installed in each room designed for sleeping. For manufactured homes and multifamily manufactured homes manufactured on or after September 16, 2002, each smoke alarm shall comply with the federal Manufactured Housing Construction and Safety Standards Act. For manufactured homes and multifamily manufactured homes manufactured before September 16, 2002, each smoke alarm shall be installed in accordance with the terms of its listing and installation requirements, and battery-powered smoke alarms shall be acceptable for use when installed in accordance with the terms of their listing and installation requirements (Health and Safety Code Section 18029.6).
4. Requires HCD, pursuant to the Mobilehome Parks Act (MPA), to regulate the construction, installation, use, maintenance, and occupancy of mobilehomes and mobilehome parks (Health and Safety Code Section 18200, et seq.).
5. Gives local agencies the option of assuming enforcement authority of the state's mobilehome codes and regulations within their jurisdictions through agreement with HCD (Health and Safety Code Section 18300).
6. Requires, pursuant to the Mobilehome Park Maintenance (MPM) Inspection Program, HCD or a local enforcement agency, until January 1, 2019, to inspect mobilehome parks proactively with a goal of inspecting at least five percent of parks per year and a focus on those parks for which the enforcement agency has received complaints about serious health and safety violations (Health and Safety Code Section 18400.1).
7. Authorizes HCD or a local enforcement agency, until January 1, 2019, to collect annually a per space fee of $4 to fund the MPM inspection program, $2 of which the mobilehome park owner may charge to individual homeowners (Health and Safety Code Section 18502).
8. Requires HCD to convene a task force every six months to provide input to HCD on the conduct and operation of the MPM inspection program. The task force includes mobilehome park owners, mobilehome owners, local enforcement agencies, and legislative representatives. HCD must report to the task force information on the number of parks and spaces that were inspected, the amount of fees collected and expended, the most common violations discovered, and the number of violations identified plus progress on correcting those violations (Health and Safety Code Section 18400.3).
9. Requires an owner or operator of a mobilehome park or a recreational vehicle (RV) park to adopt and post notice of an emergency preparedness plan (Health and Safety Code Section 18603).
10. Requires that in every mobilehome park and RV Park a person be available in person or by telephonic means to respond in a timely manner to emergencies concerning the operation or maintenance of the park. In parks of 50 or more units, this person or his or her designee shall reside in the park and have knowledge of the emergency procedures of the park’s utility systems and common facilities (Health and Safety Code Section 18603).
11. Specifies that a park owner or operator must provide notice of how to access the emergency preparedness plan and information on individual emergency preparedness information from the appropriate state or local agencies, including, but not limited to, the Office of Emergency Services, to all existing residents and, upon approval of tenancy, for all new residents thereafter. This may be accomplished in a manner that includes, but is not limited to, distribution of materials and posting notice of the plan or information on how to access the plan via the Internet (Health and Safety Code Section18603).
12. Defines “Medi-Cal threshold languages” as primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000 eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes (Health and Safety Code Section 127928).

FISCAL EFFECT: Unknown

COMMENTS:

Need for this bill: According to the author, "[t]his past year, the devastating fires across our state destroyed mobilehome and manufactured home communities in both Santa Rosa and Fallbrook. Isolated fires have taken lives this year as well. In August of 2017, a fire in a San Jose mobilehome park killed three community members, two of whom were children; another fire in San Leandro in September left two dead.

"National data reveals that 51 percent of fires that have occurred in manufactured homes had no smoke alarms. While there are federal requirements for alarms, there continues to be a problem with residents removing them. In California, despite the update of State Fire Marshal standards, state law allowed stores to sell remaining stock of older smoke alarms until 2015. This law also allowed residents to keep their existing smoke detectors until inoperability, leaving many older smoke detectors in homes. In addition, the MPM program is only required to inspect five percent of parks per year - leaving many unexamined for potential health and safety hazards. These inspectors only check the exterior of homes, not entering to evaluate internal risks like a blocked safety exit or missing fire alarm.

"AB 2588 improves fire preparedness, access to in-home inspections and notifications for residents. Specifically, it directs the state to provide a voluntary in-home inspection program for residents charging a reasonable fee for service. Second, AB 2588 directs mobilehome park owners and operators to make evacuation plans annually available to residents in English, the Medi-Cal threshold languages and other languages upon request of the residents. Additionally, this bill requires all used manufactured homes and mobilehomes at the point of sale or the start of a rental agreement to have a smoke alarm meeting 2014 State Fire Marshal Standards."

Background: More than 700,000 people live in California's approximately 4,700 mobilehome parks. Mobilehomes are not truly mobile, in that it is often cost prohibitive to relocate them. The cost to move a mobilehome ranges from $2,000 to upwards of $20,000 depending on the size of the home and the distance traveled. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and he or she must pay rent and fees for the land and any community spaces.

Smoke Detectors: Existing law requires, on the date of transfer of title, all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold to have an operable smoke alarm installed in each room designed for sleeping. For manufactured homes built on or after September 16, 2002, each smoke alarm must comply with the federal Manufactured Housing Construction and Safety Standards Act. For manufactured homes built before September 16, 2002, each smoke alarm must be installed in accordance with the terms of its listing and installation requirements, and battery-powered smoke alarms are acceptable for use when installed in accordance with the terms of their listing and installation requirements.

This bill would require all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold or rented to have a smoke alarm that is approved by the State Fire Marshal as of January 1, 2014, at the point of sale, that displays the date of manufacture, provides an area on the smoke alarm where the date of installation can be posted, includes a hush feature, includes an end-of-life feature that sends an alert when the smoke alarm needs to be replaced, and, if the smoke alarm is battery-operated, contains a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for at least 10 years.

The Committee may wish to consider retaining the language that smoke alarms must be approved by the State Fire Marshal as of January 1, 2014, but striking the language relating to the specific features of the smoke alarm, so as not to limit the types of post-2014 approved smoke alarms that will be compliant with that section.

Mobilehome Park Evacuation Plans: Existing law provides that mobilehome parks are required to adopt an emergency preparedness plan. Park owners or operators must post a copy of the plan in the park clubhouse or in another conspicuous area within the park. They also must provide notice of how to access the plan and information on individual emergency preparedness information from the appropriate state or local agencies, including, but not limited to, the Office of Emergency Services, to all existing residents and, upon approval of tenancy, for all new residents. This may be accomplished in a manner that includes, but is not limited to, distribution of materials and posting notice of the plan or information on how to access the plan via the Internet.

This bill would require park owners and operators to annually make these plans available in English, the most recent Medi-Cal Threshold languages, and other languages upon request of a resident. It directs HCD to provide translation services to the park operator or owner to fulfill these requirements. Rather than providing the plan in a conspicuous area within the park, this bill specifies that the plan must be in a publicly accessible area.

Mobilehome park inspections: Under the MPA and the Special Occupancy Parks Act, HCD regulates mobilehome parks and RV parks to assure protection of the health, safety, and general welfare of all park residents. Local agencies have the option of assuming enforcement authority for the MPA within their jurisdictions through agreement with HCD. Enforcement agencies inspect those parks that have a history of health and safety code violations or about which the agency receives a complaint regarding a potential health or safety code violation.

Since 1991, the MPM Inspection Program provides a complete, scheduled inspection of mobilehome parks, as contrasted with the complaint-driven inspections that otherwise occur. The program was created because of concerns that the complaint inspection process by itself did not adequately address deteriorating health and safety conditions in some parks. Under the MPM inspection program, HCD or a local enforcement agency must inspect mobilehome parks proactively with a goal of inspecting at least five percent of parks per year and a focus on those parks for which the enforcement agency has received complaints about serious health and safety violations.

As a result of the MPM program, HCD and local enforcement agencies have cited both park owners and homeowners for tens of thousands of health and safety violations, which as a result have been remedied. Every six months, HCD convenes a task force to provide input to HCD on the conduct and operation of the MPM inspection program. To fund the program, HCD or a local enforcement agency are authorized to collect annually a per space fee of $4, half of which the park owner may charge to individual homeowners. The MPM sunsets on January 1, 2019. The sunset date has been extended multiple times since the program's creation in 1991, and at this time it is unclear what the program's status will be in 2019.

HCD also offers technical service inspections under both the MPA and the MHA. Pursuant to current regulations, the fee for this service is $196 for the first hour, $82 for second and subsequent hour, and $41 for each thirty additional minutes. These fees are based on a time-motion study done in 2000, and have not been adjusted for inflation.

Homeowners may also retain private home inspectors who specialize in mobilehomes for a variety of inspection services.

This bill would require HCD to create a new technical service inspection program for residents of a mobilehome park to provide onsite information relating to the technical data and other information relating to the health and safety, construction, or maintenance of a mobilehome, as well as the application of the MPA. If a violation of the MPA is found in the course of the inspection, HCD cannot impose a penalty. HCD may charge up to $120 per hour for these inspections. It is unclear whether this fee will be sufficient to fund this new inspection program.

As noted above, the author is concerned that the existing MPM program is insufficient because inspectors only visit five percent of parks per year, and only inspect the exterior of the homes within a park. Additionally, if inspectors find a violation in the course of any of the existing inspection processes, the homeowner or park receives a citation. This bill would create a voluntary technical inspection program for residents who want information about their home's compliance with specified standards without fear of receiving a citation.

Arguments in support: Supporter Golden State Manufactured-Home Owners League contends that, by requiring up-to-date smoke alarms, publicly available emergency preparedness plans in multiple languages, and a punitive-free inspection program, this bill will promote fire safety in mobilehomes and parks throughout the state.

Arguments in opposition: Opponent Western Manufactured Housing Communities Association (WMA) has several concerns with the bill, including codifying State Fire Marshal standards exclusively for manufactured housing and mandating parks to provide emergency preparedness plans in languages other than English. WMA also contends that the bill's new inspection program will divert HCD's already limited number of code enforcement inspectors to what amounts to a private sector function.

Committee amendments: To better reflect the author's intent, the Committee proposes the following amendments, which retain the language that smoke alarms must be approved by the State Fire Marshal as of January 1, 2014, but strike the language relating to the specific features of the smoke alarm, so as not to limit the types of post-2014 approved smoke alarms that will be compliant with that section. The amendments also make a number of technical changes and clarify that HCD cannot cite a participant in the voluntary inspection program for a violation of the MHA (in addition to the MPA).

The proposed committee amendments are as follows:

1. On page 3, in line 3, delete "All" and insert:

On or after January 1, 2019, all

2. On page 3, in line 5, delete "is" and insert:

has been

3. On page 3, in line 5, after "approved" insert:

and listed

4. On page 3, in line 5, after "the" insert:

Office of the

5. On page 3, in line 6, delete "as of" and insert:

on or after

6. On page 3, in line 6, delete "2014, at the point of sale, that", delete lines 7 to 12, inclusive, and insert:

2014.

7. On page 6, in line 27, delete "part." and insert:

part or the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13).

Related legislation:

SB 46 (Leyva): Would have removed the MPM repeal date of January 1, 2019, thereby extending imposition of the $4 per lot fee indefinitely. This bill died in the Assembly Committee on Housing and Community Development.

SB 1394 (Lowenthal), Chapter 420, Statutes of 2012: Among other things, required, after January 1, 2014, that a smoke alarm, in order for the State Fire Marshal to approve and list the device, display the date of manufacture, provide a place where the date of installation can be written, incorporate a hush feature, incorporate an end-of-life feature providing notice that the device needs to be replaced, and, if battery-operated, contain a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for a minimum of 10 years.

SB 23 (Padilla), Chapter 551, Statutes of 2009: Requires an owner or operator of a mobilehome park or an RV park to adopt and post notice of an emergency preparedness plan.

AB 2050 (Garcia), Chapter 737, Statutes of 2008: Requires, at the time of sale, all mobilehomes and manufactured homes to have a smoke alarm installed in each room designed for sleeping and to have all fuel-gas-burning water heaters seismically braced, anchored, or strapped.

AB 925 (O’Connell), Chapter 1125, Statutes of 1990, first created the MPM Inspection Program, and required HCD or a local enforcement agency to inspect every mobilehome and every mobilehome park in the state once every five years.

REGISTERED SUPPORT / OPPOSITION:

Support

Golden State Manufactured-Home Owners League

Opposition

Western Manufactured Housing Communities Association

Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (916) 319-2085